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The State of Employment Relations in Britain John Forth National Institute of Economic and Social Research Reframing Resolution Conference University of Westminster 6 th September 2013

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Page 1: The State of Employment Relations in Britain · The State of Employment Relations in Britain ... • Disciplinary procedures ... • Workplace dispute resolution procedures becoming

The State of Employment Relations

in Britain

John Forth

National Institute

of Economic and

Social Research

Reframing Resolution Conference

University of Westminster

6th September 2013

Page 2: The State of Employment Relations in Britain · The State of Employment Relations in Britain ... • Disciplinary procedures ... • Workplace dispute resolution procedures becoming

Outline

• Official indicators (public events)

• Indicators from within the workplace

• Disputes and the climate of ER

• Employees’ evaluations of managerial behaviour

• The impact of recession

• Mechanisms for dispute resolution

• Individual grievance procedures

• Disciplinary procedures

• Provisions for third-party mediation

Page 3: The State of Employment Relations in Britain · The State of Employment Relations in Britain ... • Disciplinary procedures ... • Workplace dispute resolution procedures becoming

Official indicators

150,000

200,000

250,000

Em

plo

ym

en

t T

rib

un

al

cases

4,000

5,000

6,000

Wo

rkin

g d

ays l

ost

to s

top

pag

es (

1'0

00s)

Employment Tribunal cases Working days lost (1'000s)

0

50,000

100,000

150,000

1989

/90

1990

/91

1991

/92

1992

/93

1993

/94

1994

/95

1995

/96

1996

/97

1997

/98

1998

/99

1999

/200

020

00/0

120

01/0

220

02/0

320

03/0

420

04/0

520

05/0

620

06/0

720

07/0

820

08/0

920

09/1

020

10/1

1 20

11/1

2

Em

plo

ym

en

t T

rib

un

al

cases

0

1,000

2,000

3,000

Wo

rkin

g d

ays l

ost

to s

top

pag

es (

1'0

00s)

Sources: ONS and Employment Tribunal Service

Page 4: The State of Employment Relations in Britain · The State of Employment Relations in Britain ... • Disciplinary procedures ... • Workplace dispute resolution procedures becoming

Workplace disputes

Source: WERS

Page 5: The State of Employment Relations in Britain · The State of Employment Relations in Britain ... • Disciplinary procedures ... • Workplace dispute resolution procedures becoming

Causes of individual disputes

Source: WERS

Page 6: The State of Employment Relations in Britain · The State of Employment Relations in Britain ... • Disciplinary procedures ... • Workplace dispute resolution procedures becoming

Fear factor?

Source: WERS

Page 7: The State of Employment Relations in Britain · The State of Employment Relations in Britain ... • Disciplinary procedures ... • Workplace dispute resolution procedures becoming

Climate of employment relations

Sources: WERS & British Social Attitudes

Page 8: The State of Employment Relations in Britain · The State of Employment Relations in Britain ... • Disciplinary procedures ... • Workplace dispute resolution procedures becoming

Evaluations of managerial behaviour

Source: British Social Attitudes

Page 9: The State of Employment Relations in Britain · The State of Employment Relations in Britain ... • Disciplinary procedures ... • Workplace dispute resolution procedures becoming

Evaluations of managerial behaviour

Source: WERS

Page 10: The State of Employment Relations in Britain · The State of Employment Relations in Britain ... • Disciplinary procedures ... • Workplace dispute resolution procedures becoming

Impact of recession

• Spike in industrial action in the public sector (austerity)

• Rise in ET claims for unfair dismissal, breach of contract

and redundancy

• Grievances and disciplinary sanctions more prevalent in

workplaces most affected by recession

Page 11: The State of Employment Relations in Britain · The State of Employment Relations in Britain ... • Disciplinary procedures ... • Workplace dispute resolution procedures becoming

Mechanisms for dispute resolution

• On-site employee representation

– Union reps

– Non-union reps

• Dispute resolution procedures

– Grievance and disciplinary procedures

– Adherence to Acas Code of Practice

Page 12: The State of Employment Relations in Britain · The State of Employment Relations in Britain ... • Disciplinary procedures ... • Workplace dispute resolution procedures becoming

Prevalence of representation

Source: WERS

Page 13: The State of Employment Relations in Britain · The State of Employment Relations in Britain ... • Disciplinary procedures ... • Workplace dispute resolution procedures becoming

Dispute resolution procedures

Source: WERS

Page 14: The State of Employment Relations in Britain · The State of Employment Relations in Britain ... • Disciplinary procedures ... • Workplace dispute resolution procedures becoming

Dispute resolution procedures

Three steps laid out in Acas Code of Practice:

• Set out the issue of concern in writing

• Hold a meeting to discuss the matter• Hold a meeting to discuss the matter

• Provide employees with an opportunity to appeal against

the decision

Page 15: The State of Employment Relations in Britain · The State of Employment Relations in Britain ... • Disciplinary procedures ... • Workplace dispute resolution procedures becoming

Dispute resolution procedures

Discipline or Dismissal Individual Grievance

2004 2011 2004 2011

All three, all of the time 69 81 37 46

All three, but not all of the time 15 11 28 36

One or two, all or some of the time 15 5 32 16

None of the principles 2 2 3 2

Source: WERS

Page 16: The State of Employment Relations in Britain · The State of Employment Relations in Britain ... • Disciplinary procedures ... • Workplace dispute resolution procedures becoming

Dispute resolution procedures

Source: WERS

Page 17: The State of Employment Relations in Britain · The State of Employment Relations in Britain ... • Disciplinary procedures ... • Workplace dispute resolution procedures becoming

Dispute resolution procedures

Source: WERS

Page 18: The State of Employment Relations in Britain · The State of Employment Relations in Britain ... • Disciplinary procedures ... • Workplace dispute resolution procedures becoming

Summary

• Continual rise in ET claims, but no marked deterioration in the state of employment relations

• Improvements restricted to the private sector however

• And the level of disaffection or mistrust still seems high

• No shrinkage of workplace employee representation, but • No shrinkage of workplace employee representation, but coverage highly variable

• Workplace dispute resolution procedures becoming more widespread and more systematic

• The majority now include provisions for third-party mediation, although this varies by sector

• Challenge is to increase the evidence base on the effectiveness of different approaches

Page 19: The State of Employment Relations in Britain · The State of Employment Relations in Britain ... • Disciplinary procedures ... • Workplace dispute resolution procedures becoming

The State of Employment Relations

in Britain

John Forth

National Institute

of Economic and

Social Research

Reframing Resolution Conference

University of Westminster

6th September 2013